The single judge directed the lower court to expeditiously decide the applicant's bail application within three weeks if filed, citing a recent Supreme Court observation.
Direction to lower court to decide bail application within three weeks if filed.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 7098 of 2022
Applicant :- Smt. Ganga Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Upendra Upadhyay, learned counsel for the applicant and Dr. S.B. Maurya learned AGA-1 appearing on behalf of the State-respondent.
By way of filing present application u/s 482 Cr.P.C. applicant prayed to quash the charge sheet no. 58 of 2021 dated 23.3.2021 as well as criminal case No. 6584 of 2021, arising out of case crime No. 145 of 2019, under Sections 3/7 Essential Commodities Act, P.S. Piluwa, District Etah, pending in the court of Additional Chief Judicial Magistrate, Court No. 17, District Etah.
At the very outset, learned counsel for the applicant submitted that he does not want to press the prayer made in the present application. He further submitted that he only confines his prayer to pass direction to the lower court that when the applicant will appear and apply for bail then his bail application shall be decided in view of the observation made by the Apex Court in the case of Sateyndra Kumar Antil Vs. CBI & others reported in [2021 (10) SCC 773] .
Learned AGA submitted that he has no objection if such direction is given as learned counsel for the applicant himself does not want to press the prayer made in the present application u/s 482 Cr.P.C. and only confine to his prayer that a suitable direction may be given to the court below in view of the Apex Court judgement passed in the case of Sateyndra Kumar Antil (supra) .
In the aforesaid facts and circumstances of the case, it is directed that if the applicant appears before the court below within three weeks from today and applies for bail then his bail application shall be decided by the court below in view of law laid down by the Apex Court in the case of Sateyndra Kumar Antil(supra).
With the aforesaid observation, the present application u/s 482 Cr.P.C. is disposed off .
Order Date :- 19.7.2022/Ankita
Digitally signed by ANKITA SRIVASTAVA Date: 2022.07.23 15:54:47 IST Reason: Location: High Court of Judicature at Allahabad
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Sateyndra Kumar Antil Vs. CBI & othersReferred¶7
[2021 (10) SCC 773] · Who else cites this
Smt. Ganga Devi
State of U.P.
Sameer Jain
As recorded by the court registry
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